The Central London County Court confirms that land agreements are no longer beyond the reach of competition law, while considering its application in respect of a letting scheme imposing restrictions on use (Martin Retail Group / Crawley Borough Council)

Competition law and covenants restrictive of land use* Covenants restricting use of land to particular commercial purposes are commonplace. Until recently, the potential for competition law to regulate them was limited, because “land agreements” were excluded from the reach of the Chapter I Prohibition under the Competition Act 1998. The exclusion has, however, been revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation Order) 2010. The OFT has also provided guidance on the application of competition law in this field. Accordingly, practitioners can increasingly expect competition law to provide a basis for challenging commercial arrangements restrictive of land use. Martin Retail Group Limited v Crawley Borough Council - a County Court case decided in

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  • London School of Economics and Political Science

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Andrew Scott, The Central London County Court confirms that land agreements are no longer beyond the reach of competition law, while considering its application in respect of a letting scheme imposing restrictions on use (Martin Retail Group / Crawley Borough Council), 24 December 2013, e-Competitions December 2013, Art. N° 66789

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